Milpitas, CA Landscaping Rules: Tree Removal & Heritage Trees (2026)

Section X-2-4.02 of the Milpitas Municipal Code protects three categories of trees from unpermitted removal: street trees, protected trees, and heritage plantings. Section X-2-7.01-1 defines a protected tree by size, covering any tree with a trunk circumference of 56 inches or more on developed residential property, or 37 inches or more on commercial, industrial, vacant, or underdeveloped property, plus any tree that was specifically the subject of a prior zoning or subdivision approval and any heritage tree or grove designated under the City's Heritage Tree Program.

Anyone other than City personnel must apply for a removal permit from the Public Works Department before taking down a covered tree. Even with a permit, the Department can require the permittee to compensate for the loss, either by planting at least two replacement trees for every protected tree removed, sized to match the tree lost as determined by the Director of Planning, or through the cost-recovery formulas in Section X-2-9.01: full reimbursement for the City's time and materials to prune, remove or replace the tree; the tree's appraised value under the International Society of Arboriculture's Guide for Plant Appraisal; or a combination of both, at the Public Works Director's discretion.

Removing a protected tree without a permit is treated the same way: the responsible party owes the City cost recovery under Section X-2-9.01 rather than simply facing a fine. The unlawful removal can also be pursued as a public nuisance under Section X-2-8.02, triggering the Notice to Abate and administrative hearing process in Sections X-2-10.01 through X-2-10.06, with any unpaid costs converted into a special assessment lien against the property under Section X-2-12.02.